Chandra Bhan Singh and Another Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Chandra Bhan Singh and Another Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge-sheet dated 04.05.2015, the cognizance order dated 17.08.2015 and the entire criminal proceeding of S.T. No. 46/2020 arising out of Case Crime No.31A/2015, U/s 323, 324, 504 IPC, Police Station Shivrajpur, District-Kanpur Nagar (State Versus Chandra Bhan Singh and others).

Issue for consideration

Whether the charge-sheet dated 04.05.2015, the cognizance order dated 17.08.2015 and the entire criminal proceeding of S.T. No. 46/2020 (Case Crime No.31A/2015, U/s 323, 324, 504 IPC, P.S. Shivrajpur, District Kanpur Nagar) should be quashed on the ground of an amicable settlement/compromise between the parties, verified by the court below. +1 more

Court's answer

In view of the well-settled principles of law laid down by the Hon'ble Apex Court in Krishnappa & Ors. v. State of Karnataka (2021 0 Supreme(SC) 529), Parbatbhai Aahir v. State of Gujarat (2017 9 SCC 641), B.S. Joshi v. State of Haryana (2003(4) SCC 675), Nikhil Merchant v. Central Bureau of Investigation ((2008) 9 SCC 677), Gian Singh v. State of Punjab ((2012) 10 SCC 303) and Narinder Singh v. State of Punjab ((2014) Supreme Today 642), the proceedings of S.T. No. 46/2020 arising out of Case Crime No.31A/2015, U/s 323, 324, 504 IPC, Police Station Shivrajpur, District-Kanpur Nagar (State Versus Chandra Bhan Singh and others), are hereby quashed.

Ratio / Principle

The matter having been mutually settled between the applicants and opposite party nos. 2 to 5, no useful purpose would be served in proceeding with the case further.

Key takeaways

The application under Section 482 CrPC is accordingly allowed.ratio¶16

Detailed headnote1 paragraphs

Criminal Law / Section 482 CrPC — Quashing of proceedings on compromise between parties. Application under Section 482 Cr.P.C. (Application U/S 482 No. 30446 of 2024) to quash the charge-sheet dated 04.05.2015, cognizance order dated 17.08.2015 and entire criminal proceeding of S.T. No. 46/2020 (Case Crime No.31A/2015, U/s 323, 324, 504 IPC, P.S. Shivrajpur, District Kanpur Nagar), pending before the Additional District and Sessions Judge, Court No. 5, Kanpur Dehat (Ramabai Nagar). Parties belong to the same family; dispute arose over construction of a wall. Applicants and opposite party nos. 2 to 5 settled the dispute amicably; pursuant to direction of a Co-ordinate Bench order dated 25.11.2024, the court below verified the parties and contents of the compromise and passed a verification order dated 04.01.2025; report received vide letter dated 06.01.2025; opposite parties did not wish to press the case. Since mutual settlement left no useful purpose in continued prosecution, and relying on the settled principles laid down by the Apex Court in Krishnappa v. State of Karnataka (2021 0 Supreme(SC) 529), Parbatbhai Aahir v. State of Gujarat (2017 9 SCC 641), B.S. Joshi v. State of Haryana (2003(4) SCC 675), Nikhil Merchant v. CBI ((2008) 9 SCC 677), Gian Singh v. State of Punjab ((2012) 10 SCC 303) and Narinder Singh v. State of Punjab ((2014) Supreme Today 642), the entire proceedings of S.T. No. 46/2020 were quashed and the application allowed (Deepak Verma, J.; Order Date 20.5.2025).

Neutral Citation No. - 2025:AHC:84489

Court No. - 84

Case :- APPLICATION U/S 482 No. - 30446 of 2024

Applicant :- Chandra Bhan Singh And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ajay Kumar Srivastava,Ganesh Shankar Patel

Counsel for Opposite Party :- Sanjay Srivastava,G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants; learned counsel for opposite party nos. 2 to 5; learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.05.2015 including cognizance order dated 17.08.2015 as well as entire criminal proceeding of S.T. No. 46/2020 arising out of Case Crime No.31A/2015, U/s 323, 324, 504 1.P.C., Police Station Shivrajpur, District-Kanpur Nagar, (State Versus Chandra Bhan Singh and others), pending in the Court of Additional District and Sessions Judge, Court No.5, Kanpur Dehat (Ramabai Nagar).

As per F.I.R., dispute arose between the parties on account of construction of wall. The applicants and opposite parties belong to the same family. Learned counsel for the applicants submits that the applicants filed 482 petition to quash the proceedings as both the parties have amicably settled the dispute out of the court. The injuries are simple in nature. The Co-ordinate Bench of this Court vide order dated 25.11.2024 directed the parties to appear before the court below for verification of compromise.

Pursuant to the said order dated 25.11.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 04.01.2025 has passed the verification order. A copy of the same is annexed with this application. Thereafter, a report has been submitted by the Additional District and Sessions Judge, Court No. 5 Kanpur Dehat through letter dated 06.01.2025. The same is also taken on record.

Learned counsel for the applicants has submitted that the

applicant and opposite party nos. 2 to 5 have settled their private and civil dispute through compromise and as such opposite party nos. 2 to 5 do not wish to press the aforesaid case against the applicant. Opposite party nos. 2 to 5 are ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

Learned counsel appearing for the opposite party nos. 2 to 5 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party nos. 2 to 5 have no objection, if the proceedings in the aforesaid case are quashed.

In view of the facts and circumstances of the case, the applicants and opposite party nos. 2 to 5 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of S.T. No. 46/2020 arising out of Case Crime No.31A/2015, U/s 323, 324, 504 1.P.C., Police Station Shivrajpur, District-Kanpur Nagar, (State Versus Chandra Bhan Singh and others), is hereby quashed.

The application under Section 482 CrPC is accordingly allowed .

Order Date :- 20.5.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad